CALIFORNIA FAMILY LAW
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Child Support
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Amount
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Financial Ability
............Incarcerated Parent
4 Cards On This Topic:
No error in reserving jurisdiction on amount of c/s to be paid by incarcerated father not earning income, nor in ordering him to pay for C's health insurance should it become available at reasonable cost.
Incarcerated parent properly ordered to pay child support and post security from retainer in defense attorney’s trust account.
Court may not consider nature of offense for which incarcerated; no blanket exception to earning capacity test.
Ability to earn test must be satisfied with current circumstances; incarcerated parent may not have opportunity to work.